Denver Criminal Defense Law Firm Helps Clients Understand Their Miranda Rights
Parker, Colorado Criminal Defense Attorney Protects Clients’ Constitutional Rights
The famous case of Miranda v. Arizona led to the requirement that law enforcement officers advise arrested suspects of certain rights, including their option to remain silent. The case also triggered the practice of police officers to advise arrestees that:
- What they say can be used against them in court.
- They have the right to consult with an attorney.
- A lawyer can be present during questioning.
- If they cannot afford an attorney, one will be appointed to represent them free of cost.
- If they decide to answer questions, they have the right to stop the interview at any time.
Officers must provide Miranda warnings whenever they interrogate a suspect who is in custody, even if the suspect has not been formally arrested. Interrogation includes questioning as well as any words or actions that police officers should know are reasonably likely to elicit an incriminating response. Being in custody describes a situation in which a reasonable person would not feel free to leave.
Invoking Your Miranda Rights
If you wish to invoke your Miranda rights, tell the officer so out loud that you intend to exercise your right to remain silent as you are being arrested. Courts have indicated that a suspect should make it clear that they are invoking their Fifth Amendment privilege against self-incrimination, and their subsequent silence cannot be mentioned at trial.
But be advised that if you make voluntary statements after you are informed about your rights, you are waiving your Miranda rights and the information could be admissible in court.
Contact a Denver Criminal Defense Law Firm Today
If you are wondering about how to invoke your Miranda rights, or feel that your Miranda rights were denied, Denver criminal defense attorney Michael T. Kossen, P.C. has helped protect the Constitutional Rights of his clients for more than two decades. Contact us online or call (303) 791-6500 to schedule your free initial consultation today.
